Wednesday, May 13, 2020
The Importance of Human Resources Management - 1233 Words
The economic environment in nowadays dynamic, it is fairly important for organisations and managers to recognise the curtail of Human Resource Management. It is clear that Human Resource Management (HRM) has become one of the most recommend management strategy in the modern business (Leopold and Harris, 2009). Human Resource Management is a technique process of managing people in the workplace to enable and enhance organization performance (Leopold and Harris, 2009). This theory involved the responsible to attracting, selecting, training and managing people which make employees become more valuable to the organisations. It invests effect in learning and development at work. Also to communicate with all employees at each level to reward successful employee relations (Wilton, 2011). Human Resource Management plays a very important role in the operation strategy and management concerns in work organisations of all kinds (Leopold and Harris, 2009). In aim to justify this statement by eva luate the benefit and importance of Human Resource Management in contemporary work organisations. This essay will focus on analysis the advantages of use Human Resource Management in business also underline by explain more detail about the different HRM strategy brings benefits and give competitive advantages impact to the organisation success. Then summarise by a general conclusion on the importance of HRM in contemporary work organisations. Human Resource Management has been generally usedShow MoreRelatedHuman Resource Management And Its Importance1517 Words à |à 7 PagesIntroduction In the 21st century, human society has undergone tremendous changes, it began to change from the industrial economy to a knowledge economy era. Economic globalization and improve the level of global competition, organizations have had to make full use of all their resources to ensure its survival and development. As an important resource organization human resource organization also attracted more and more attention. Effective human resource management has become a key organizational developmentRead MoreThe Importance of Human Resources Management670 Words à |à 3 PagesHuman Resources Management Human Resources Management is a significant and very large area of business. It came about through the need to focus on what people were doing with their lives in the workplace that was not specifically related to actual work. In other words, there is more to the workday than the work that is being done, and people who work closely with one another can and should get along. Rules and regulations to facilitate this were needed, and had to be created on the individualRead MoreThe Importance of Human Resource Management1287 Words à |à 6 PagesHuman resource management (HRM) is undoubtedly being considered as an indivisible element of the organisations from the outset. From recruitment to employee retention, HRM has always committed to assist company to search and retain talents that have values toward the sustainable development. In view of the fact that, there are several studies with evidences presented to prove that there is a relationship between HRM and organizational performan ce, in which some HRM theorists also suggested that thereRead MoreRoles And Importance Of Human Resource Management Essay1693 Words à |à 7 PagesAnswer1. Roles and Importance of Human Resource Management Human Resource Management is the procedure of requirement, selection, giving orientation , making giving trainings to employees and the creating skills, appraisal of worker , giving remuneration and advantages, benefits, providing motivation, keeping up workers security, welfare and wellbeing by following work laws of concern state or nation. Human Resource Management is the procedure of usage of accessible restricted talented workforceRead MoreThe Importance of Human Resource Management Essay1439 Words à |à 6 PagesArmstrong (2006) defined Human Resource Management as a strategic deployment of an organisations most valued assets; the people working there, who individually and collectively contribute to the achievements and the objectives of the business. Links between HRM and performance are predominantly focused on the following practices: sophisticated selection and recruitment methods, training, teamwork, performance-related pay and employment security (Wall, Wood, 2005). Pro ducts can be copied, methodsRead MoreImportance of Human Resource Management Essay1177 Words à |à 5 PagesHuman resource is the most valuable asset of an organisation as it is the source of operational performance and competitive advantage in an organisation. An asset, by definition, is a useful or valuable thing or person. An organisation comprises of three types of assets, namely; financial assets, physical assets (infrastructure and equipment), intangible assets. Intangible assets include intellectual capital (patents, copyrights and trademarks), social capital and human capital. The creative thinkingRead MoreThe Importance Of Human Resource Management Within The Business1738 Words à |à 7 Pages The Importance of Human Resources in Small Business Derrick Rowley Business 224 Dennis Oden 7 June 2015 Ã¢â¬Æ' Abstract Within this paper you will find that HR is vital to all businesses, but can greatly affect the long-term success of a small business. Small businesses can have a difficult time finding qualified individuals to help with the production side of the business. That is why having human resource management within the business is so important. HR sets the planning process and withinRead MoreThe Importance Of Human Resource Management For Any Organization1495 Words à |à 6 PagesINTRODUCTION This report provides the understanding and importance of Human Resource Management for any organisation. The report shows how HRM contributes in any organisational achievements. In this report HR planning and development methods are examined in detail and the way to improve HR performance are suggested. COMPANY BACKGROUND The Coca-Cola Company is one of the worldââ¬â¢s top soft drink makers. Coca-Cola owns the best-known soft drink brands such as, Coca-cola, Diet Coke, Fanta and SpriteRead MoreHuman Resource Management and Its Importance to Businesses Today2964 Words à |à 12 PagesRhonda S. Culvahouse Human Resource Management and Its Importance to Businesses Today MGT 445 Human Resource Management Professor Robert Borger June 4, 2009 Human Resource Management and Its Importance to Businesses Today Introduction In order to understand what Human Resource Management is, one must understand what a resource is. Resources are assets that one has access to, and therefore, can rely on. In our own personal lives we rely on resources of various types such as our money, ourRead MoreHuman Resources Management Importance, Benefits And Effects Of The Organization918 Words à |à 4 PagesSUBJECT: Human Resources Management Importance, Benefits and Effects in the Organization. 1. Purpose: The purpose of this memorandum is to outline and defend the benefits of having a Human Resources Management (HRM) in Greenââ¬â¢s Hospitals. Greenââ¬â¢s Hospital is a leading medical facility that is facing some human capital challenges. A Human Resources Department will help the stake holders and the board of direct 2. HRM practices can help the hospital to deal with the competition in the following
Wednesday, May 6, 2020
Corporate Social Responsibility (Csr) Free Essays
CORPORATE SOCIAL RESPONSIBILITY (CSR) COMPANY NAME: PETRODEC SDN BHD BY JUZITA MOHAMED ALIAS (2012) ContentsPage Executive Summaryâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦3 1. 0 Introductionâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. We will write a custom essay sample on Corporate Social Responsibility (Csr) or any similar topic only for you Order Now â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 4 2. 0 Company Backgroun-Petrodec Sdn Bhdâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 4 3. 0 Company Values â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 5 4. 0 Corporate Social Responsibilityâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦5 5. 0 CSR Activities 2011â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦6 5. 1 Adopted School Sek Men (U) Al-Irsyadâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦6 5. 2 Welfare Activities Rumah Bakti Kulimâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 7 6. 0Next Year Plan â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 8 7. 0CSR Challengesâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦9 8. 0Conclusion and recommendationâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã ¢â¬ ¦Ã¢â¬ ¦. References: â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 10 Executive Summary Corporate social responsibility which is also known as CSR is a form of corporate self-regulated that has been integrated into a business model. It was started to be popular in 1960s to 1970s after being implemented by many multinational company. The focus on CSR in Malaysia has increased in recent years, in line with international trends. Although several companies have CSR programs that go back many years, in some cases decades, it has in recent years been possible to identify an increased awareness of the issue. The approach of CSR becomes widely accepted by community-based development approach. Today, more companies than ever before are recognizing the significance and value of integrating CSR into all aspects of their business operations and decision-making processes. Communities are seen as more than just a market for the roll-out of products and services. The long-term growth and profitability of companies are inextricably linked to the sustainability and well-being of the community. Petrodec Sdn Bhd is one of the company in Malaysia that committed to their CSR program. In year 2011, Petrodec had become more integrated in CSR where they had adopted SM (U) Al-Irsyad, Pulau Pinang and planned activities with Blind Associate in Kulim called Rumah Bakti. 1. 0Introduction This project starts with the importance of the CSR commitment to the company then followed by the background of the company, Petrodec Sdn Bhd. This will continue with the listed CSR activities done by Petrodec Sdn Bhd. Then it followed by the plan for next year and challenges faces by the company. Then it covers recommendation to conclude the whole program presented for year 2011. . 0Company Background-Petrodec Sdn Bhd Petrodec Sdn Bhd (formerly known as Focal 2000 Sdn Bhd ) was established on 21st April 2000 with a mission to provide a comprehensive range of engineering solutions and services in the construction industry. Petrodec Sdn Bhd has been registered with CIDB (G7) since year 2001 and PKK (Class A). Holding the paid up capital of RM1,000,000. 00, Petrodec Sdn Bhd is owned by tw o directors; En Mohd Zamri Bin Abdull Rahman and Tn Syed Lokman Bin Syed Idrus. Petrodec Sdn Bhd believes there is more to value than just the lowest price. Value means providing our clients with the highest quality product for the most economical price. Petrodec Sdn Bhd has worked hard to earn a reputation for quality work and integrity in dealing with clients, local authorities, suppliers and subcontractors. Itââ¬â¢s believes in building value into relationships by using quality people and products. Their goal is to develop long lasting relationships based on trust, honesty and professionalism. The organization had worked hard to earn satisfaction and respect from customer as they believe in continuous relationship with customers. The basic philosophy of Petrodec Sdn Bhd is to offer oustanding services towards clientsââ¬â¢ goals and needs. The company provides a total package capability and solution to suit projects of any scale and magnitude. Its services will be characterized by a high standard of quality services. The company believes in the solidarity of its internal skills and knowledge in satisfying the needs of its clients (Petrodec Sdn Bhd, 2010). 3. 0Company values The values and principles are ââ¬Å"Experience, Effective, Efficiency and Excellence â⬠coupled with creative dynamism and vision will be the constant focus of the company ââ¬â¢ s work ethics. Petrodec Sdn Bhd, 2010) 4. 0Corporate Social Responsibility (CSR) CSR is a form of corporate self-regulation integrated into business model. It starts to be popular in 1960s and early 1970s after multinational company really putting an effort to emphasis on CSR. Basically, the most successful and accepted CSR is the community-based develop ment approach. In this approach, organization works with local communities to better themselves. The organization that is committed to employee development normally already practicing some of the CSR components. That organization that openly shares information with employees about a move toward downsizing, and then helps displaced employees find new jobs, is actively practicing CSR. Moreover, the organization that is committed to the production of safe, reliable, and innovative products or services in line with customer needs is strategically involved in CSR. CSR is, therefore, a management approach that takes into consideration an integrated set of indicators that map the firmââ¬â¢s impact within the its economic, society and environmental existence. Most importantly, findings from scientific research shows that CSR is essential for the long-term sustainability of an organization (Waldman, Sully, Washburn, House, 2006). Company that narrowly pursue the profit motive, without concern for the broad spectrum of Stakeholders that are relevant to the long run, are increasingly shown to lack sustainability. But itââ¬â¢s not only important to realize the importance of these groups. Organizations must also be able to ââ¬Å"connect the dotsâ⬠and understand how various Stakeholders, and the satisfaction of their needs, represent interrelated challenges. To some multinational companies and large organizations, they might have an established CSR that brings a significant impact to the company and community surrounded area. However to a small company they might have a different ways to involve with CSR activities. For Petrodec Sdn Bhd commitment to engage with CSR activities is important to ensure business continuity. It is a social obligations to contribute some and to be part of the society. The company hopes to share some of community pain in the welfare activities. On the other hand, Petrodec is a construction company that have to engage with the community throughout the duration of project completion. It is understood, whenever a constructions works involve, there always be uncomfortable situations to the involve society. Projects like earthwork clearing, building constructions, roads constructions and many more would always be unavoided disturbance to the people stay around the constructions area. Therefore, involvement with society will make them understand the situation and understand why the work need to be done at that area. 5. 0CSR Activities 2011 Petrodec Sdn Bhd activities are divided into categories. First category is the adopted school and the second one is the welfare activities. Petrodec had chosen Sek Men (U) Al-Irsyad as the adopted school when they started the construction project to build new hostel. The welfare activities carried out at Rumah Bakti in Kulim town which is the only Muslim Blind Associate in Malaysia. 5. 1Adopted School- Sek Men (U) Al-Irsyad Sek Men (U) Al-Irsyad is located at Pokok Sena, Pulau Pinang. In 2009, Petrodec had been awarded to build hostel for the student that can occupied 200 students. It is also included room for warden and activity rooms. The duration for this project carried out for two years. It is long enough for the company to support the school activities. The school had their planned a lot of good programs to develop their students. But to ensure all activities can be run successfully, they need certain budget. So Petrodec had put up the initiative to volunteer to contribute RM10,000. 00 to ensure all their program smooth throughout the year. However, Petrodec only handover the RM10,000. 00 and the school had full authorities to use the money to run all the program as their planned and presented earlier. Petrodec had not engaged personally during the activities. Speech competition, motivation activities, outdoor activities, external speaker comes for motivation talks and graduation celebration are parts of the activities that had been carried out throughout the year. 5. 2Welfare Activites- Pusat Latihan Rumah Bakti Kulim (The Blind Association) Rumah Bakti Kulim (the blind association) is the only training center for muslim blind association in Malaysia. Itââ¬â¢s accommodates around 20 people which is blinds that stayed in this Rumah Bakti. All of them are teenagers who poor vision or blinds, and orphan. Petrodec had participate actively in their activites and involve personally in the activities. Total of RM20,000. 00 was granted throughout the year but it was given when the program are planned. In 2011, there are three major activities had been carried out. Two activities had joined event with Malaysian Estima Owners Group (MEOG) to had more people involve. The first event was held a week before HariRaya Aidilfitri 2011 which is on 20th August 2011. The total budget for this event around RM6,000. 00. The MEOG team prepared the food for evening meal to break their fast, transportation (Estima) to bring the blinds to function house which is held at Kulim Golf Residents and Petrodec prepared cash donation, baju kurung and baju melayu for all the blinds. Total of 24 blinds received the cash donation and clothes on that day. Total 100 attendees participate in the event. It a very simple but a meaning full event. All the Petrodec staffs and MEOGians served the for the blinds, perform the maghrib prayers and then proceed with the clothes and cash donations sessions. It was conclude to be one of the most successful event to MEOG and Petrodec Sdn Bhd this year. The second activity was activity korban on Aidil Adha. It was done on 9th November 2011 at Rumah Bakti Kulim. Total budget allocated was RM3,600. 00. This activity also a joined effort with MEOG. Rumah Bakti staff cooked for lunch for invited guest which included all the blinds at Rumah Bakti, Petrodec Sdn Bhd Staff and MEOGians. Korban meat was then distributed to poor people and included the residents of Rumah Bakti. The meat for Rumah Bakti will be stored properly as that will be their food stock until year end and early of first quarter next year. This is due to normally it was the last contributions received from outside organizations for that year. Next year contribution will be received later in February. For day to day income, the blinds will continue living with their own income either from massage service and photostat service run inhouse. The third activity was to hire Tahfiz to teach the blind tahfiz Al-Quran. As they cannot read Al-Quran, therefore they have to hire Tahfiz for the purpose of learning Al-Quran. This activity start in November and RM700. 00 was allocated for the Tahfiz monthly salary. 6. 0Next Year Plan To ensure CSR activities continuity, Petrodec Sdn Bhd already presented next year plan to the board. Eventhough the budget still under approval by board of directors, the team will continue to look forward for the benefits of the company and the involve community. There are two plans for next year, which are to build prayer room at Rumah Bakti. It is estimated around RM30,000 needed. Petrodec also will continue to adopt school but it might change to another school. The suggestion will be SK St Anneââ¬â¢s Convent, Kulim. Petrodec had suggested to do activities such as career week during activity week after UPSR 2012. The school will call professionals to give a talk about their career and share with the schools why is it their job is important to the society. Another activity will be participate in Hari Kantin where the Petrodec Sdn Bhd team will be coaching on the entrepreneurship to the students. 7. 0CSR Challenges CSR activities need all the participants actively involve during the activities to ensure it is meaningful to the community. This would be the biggest challenge to Petrodec Sdn Bhd as the company had a very limited headcount to perform their work and at the same time participate in the CSR activities. Thus, with limited resources such as small budget, time and material also had become the constrains to run CSR in more proper manner. Most of the activites had to be on adhoc basis rather than a well plan schedule. This is also can be constrains due to limited resources. However, the company had worked hard to close the gaps in ensuring the activities run smooth. 8. 0Conclusion and Recommendation CSR is part of social commitment that company need to actively engage and participate. The company might have focus the CSR activities to the project area or to the community surrounded the organizations. Then only it will be meaningful to the people stay around the area. Reference Petrodec Sdn Bhd. (2010). Annual Report 2010. , (p. 10). Petrodec Sdn Bhd. (2010). Company Profile. Pulau Pinang, Malaysia. Waldman, D. , Sully, M. , Washburn, N. , House, R. (2006). Cultural and Leadership preditors of Corporate Social Responsibility values of top management: A Globe Study of 15 Countries. Journal of International Business Studies , 823-837. How to cite Corporate Social Responsibility (Csr), Essay examples
Tuesday, May 5, 2020
Common Law Legislation
Question: Give a definition from legislation or common law Set out the legal burden of proof and the standard of proof Identify which facts support Actus Reus and Mens Rea Support your analysis with relevant case law and commentary from your law books Decide if there are any causation issues Next look at possible defences Give a definition of the defence from legislation or common law Apply the law to the facts by Identifying which facts support a good case for the accused to show that the defence is true Answer: In the given case scenario, Edward has been charged with murder of his wife. Dawn was the wife of Edward and they were married almost for a year. It is mentioned in the case study that Edward used to take class 1 drugs on a regular basis. Moreover, this is also relevant from the case scenario that Edward used to behave violently on various occasion with his wife Dawn. Moreover, from relevant sources it was found that Edward used tom suffer from anxiety psychosis for a long time and thus he was under medication which he had to take on a regular basis. Sometimes, it was noticed that he missed out taking his medication when he was high in drugs. On a very evening, Dawn came late from work and Edward accused her of dating someone behind his back. However, there arguments lasted for hours and Dawn had decided to leave him and going to live with her new boy friend. This lead to a terrific incident as Edward hit her with a fry pan several time on her head and on her body. However, she fell on the floor and Edward continued with kicking until she was dead. Thus, Edward was charged with murder of her wife. Under the law of UK, Murder is defined as an unlawful killing of a human being without a proper and appropriate justification or any kind of proper excuse. Under the court of law, it is relevant that the court does not have the right to convict an individual unless and until the individual has acted something with a criminal intention (Duff, 2010). Under the common law, law of murder is set out in a very effective way stating that murder is nothing but an unlawful killing of a human being in the Queens peace, with malice aforethought. Malice aforethought is a term, known as mens rea (Sayre, 1932). Mens rea means the individual must have the intention to kill or must have the intention to deliver a grievous bodily harm to the victim. Mens rea is a Latin word and meaning of this word Guilty mind (Yaffe, 2004). Thus, men rea deals with the thinking of the defendant during the time of committing the crime. Therefore, this allows the United Kingdom criminal law system to differentiate bet ween the individual who has committed a crime intentionally with the individual who does not committed the crime with any kind of bad intention. This can be referred from the case study of R v Vickers[1957] 2 QB 664. On the other hand, there prevail another important term in the criminal law system of UK which is termed as Actus Reus. This consists of each and every elements of the crime. However, it does not include the state of the mind of the defendant. Elements, which are included, are as follows: conduct, omission, result or may be a state of affairs (Sim, 1955). According to Actus reus, conduct of the defendant must be voluntary in nature if the defendant incurred any kind of liability due to his conduct (Mangiafico, 2004). Various factors are prevailed in the involuntary of the conduct of the defendant, which are as follows: Automatism: this is implicated in the case scenario where the defendant is associated with any type of physical act. But, it must be also satisfied that the defendant was not aware of his/her doing due to various external factors. Reflex action: Action of the individual due to some spontaneous reflex is included in this factor, which the defendant has no control over it. This is also referring sometimes as a part of automatism. Physical force: conduct of the defendant can be considered to be involuntary if there prevail any kind of physical force implemented by someone. As per the law of UK, most important element of Actus reus of murder is that the victim must be a human being. Thus, an individual cannot be charged as a murderer if the individual kills any animal other than human being. This can be referred from the case study of R v Malcherek and Steel [1981] 2 ALL ER. In the given case scenario, Edward has been considered a murderer as he murdered his wife. Edward has the intention to kill her wife as he continued hitting her till she died. Thus, the defendant has the intention to kill her as per the rule of mens rea. The defendant has the guilty mind and intention during the time of committing the act. In this scenario, the conduct of the defendant was voluntary in nature as per the rules of Actus reus. The above-mentioned points must be satisfied for considering the act of the defendant an involuntary conduct. The evidences, which are required to be submitted by the plaintiff against the defendant for winning the trial, are termed as the standard of proof. Standard of proof varies from cases to cases. Thus, the standard of proof is important to please the prosecutor that there does not prevail any doubt regarding the charges, which are charged against the defendant for conducting unlawful act (Keane and McKeown, 2012). As per Section 141 of the criminal law that in a criminal proceeding the court does not have the right to consider the case as proved unless and until the plaintiff represent proper and reasonable prove against the defendant. For example: Miller v Minister of Pensions [1947] 2 All ER 372 There is another term in the law of UK, which is termed as evidential burden of proof. According to the law, the plaintiff must prove the court with the burden of proof that there prevail a case against the defendant and the defendant is answerable for the trial (Duff, 2010). In many cases, it has been noticed that the defendant has some evidence of burden of proof to rise in front of the court in order to defend himself/herself. As per the example: if the defendant is charged for a grievous bodily harm or murder of someone and he claims that he acted like that in order to defend himself from the victim and for the purpose of self defence, then this can be considered to be the burden of proof on the part of the defendant thereby providing an opportunity to defend himself from the charges made against him. In the case scenario, the defendant Edward does not possess the right to defend himself against the charges, which were made against him. However, the plaintiff on the other hand has an ample of evidence against the defendant for conducting murder of his wife Dawn. In this case scenario, Edward had the intentio0n to kill her and therefore he did not stop hitting and kicking her till she died. However, the defendant Edward has some valid grounds on which he can defendant himself from the charges. It is mentioned in the case scenario, that he was suffering from anxiety psychosis and he was under medication. Anxiety make individual feel like going crazy. In various cases, it gets so extreme that it automatically falls under psychosis. In such cases, patients usually losses reality and in many cases the individual is not aware of that fact. Moreover, the issues are also noticed in such patients related to hallucinations or delusions and thus the patient may fail to understand the difference between reality and experiences. Social and behaviour malfunctions also causes with this type of patient. Thus, the defendant Edward has the ground to defend himself in the court by proving that he was not normal and sound like other individual and he was suffering from anxiety psychosis from several years and he was also under medication. But there prevail a problem regarding the medicati on. It was mentioned in the case study, that often he missed out to take his medicine. If on that very particular on which the incident happened he missed out to take his medicine then it will be considered that due to negligence on the part for Edward, the incident happened. Thus, he will be proved guilty for the charges made by the plaintiff against him. As per the above discussion, it can be concluded that the accused should be sent to a mental institution for his treatment and correction of the act he committed. In this case, the court does not have the right to punish the defendant on the grounds of murdering his wife. It is mentioned in the case scenario that the defendant as suffering from severe anxiety psychosis and he was also under medication. This type of patient fails to recognise sometimes what they are doing. Thus, the defendant must be sent to a mental institution for his treatment and correction regarding the act he conducted by murdering her wife. He can refer to the case study of M'Naghten [1843] UKHL J16 House of Lords.
Tuesday, March 31, 2020
Do People Choose What They Are Attracted To
Considering the subject of attraction, the term seems ambiguous because for a scientist, it might mean some forces of physics, to psychologist it takes the emotional perspective, to lovers it takes the emotional perception and, from the youth or the new-age point of view it faces various external determining factors or circumstances such as events. Advertising We will write a custom critical writing sample on Do People Choose What They Are Attracted To? specifically for you for only $16.05 $11/page Learn More Away from the earlier century, current references regarding the law of attraction indicate it as the evolution of matter. Today, the Law of attraction talks about peopleââ¬â¢s way of thinking in the aim of achieving an advantage. One of the key factors that need consideration in matters pertaining attraction include, knowledge about the personal need. The universe is able to manifest desires if one cultivates positive thoughts about the personal wishes or needs. Arguably, this is the philosophical nature indicating the possibility of attracting whatever one wishes to achieve or have. Attraction however, raises many questions that seem to lack good answers. For example, do people have a choice over attraction? Biologically, the subconscious mind is the source of attraction because it begins with release of a substance referred to as dopamine, in response to individual unique paradigms. It is a special quality that makes people attractive, which they have no control over. One has control over the attraction for instance; attraction to someone is not a choice but way of enhancing the relationship in a personal perfective manner. It is logical that one should be attracted to a person who is equally attentive to their needs or feelings, sensitive, nice, generous and provides, but a close attention to the real world indicates otherwise. Attraction does not happen by choice but through an unconscious stage of responding emotional ly to various clues. It fails to involve logic but has a pattern and methodology of working it out that is discoverable through practice. Learning or understanding the methodology or essence behind attraction is comparable to learning how to perform tasks that never occur naturally. One has to learn the skills to be in a position of garnering results. Arguably some negative aspects are excellent ways of pushing the attraction button such as creating tension between people, playing hard to get, enhancing laughter, or developing unpredictable self-image.Advertising Looking for critical writing on psychology? Let's see if we can help you! Get your first paper with 15% OFF Learn More People ought to have strengths to control attraction. As a good example, heterosexual people have desire to have relations with different people of the opposite gender. This is a drive but does not permit them to the act in that procession because they can have control over the act. There i s need to control special contemplations for success. Therefore, attraction is not a choice but the alternative is to control personal thoughts in order to gain power over the law of attraction. There is only one consciousness, which is self and this is the main source of human intentions. This critical writing on Do People Choose What They Are Attracted To? was written and submitted by user Pearl K. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.
Saturday, March 7, 2020
Free Essays on Pascalââ¬â¢s Wager
Over all Pascalââ¬â¢s Wager is very logical, but I must say that I do not personally find it to be very persuasive. Although it makes complete sense in the risks involved in the wager and that it is over all more beneficial to be faithful and bet on their being a god than it is to assume there is no god and be wrong, but rather the wager gives no other reason as to why one should believe in god other than the fact that if there is a god u gain more by believing and by disbelieving you loose much more than if there is no god and you believe or disbelieve. If there is no god there is not much lost or won in either case. Pascalââ¬â¢s Wager offers no more than this as to why one should believe in god. It seems very similar to the mother who tells her children that they must behave otherwise Santa will not deliver toys and games on Christmas Eve, but regardless of the childââ¬â¢s actions they (at least in most cases) get a visit from Santa on Christmas, who leaves many toys and presents. In a way Pascal is making the same exact threat, follow and believe in God and you will go to heaven, but if you donââ¬â¢t then you will pay dearly, granted there is a God. If there is not a God then nothing is truly lost from this practice. Just like if Santa exists, behave and Santa will visit leaving many goodies behind for the good girls and boys or misbehave and you will get coal in your stocking. If, on the other hand, it is only the parents of the child playing the role of Santa then generally regardless of how the child acts and behaves he or she will receive the toys. Leaving the entire thing as an empty threat, which in many cases is how Pascalââ¬â¢s Wager is viewed. Also it seems that one cannot just change their whole entire point of view and beliefs just because they have come to the conclusion that ââ¬Å"oh wait what if there really is a God. I better start believing now or else I could really ruin things after I die.â⬠It just doesnï ¿ ½... Free Essays on Pascalââ¬â¢s Wager Free Essays on Pascalââ¬â¢s Wager Over all Pascalââ¬â¢s Wager is very logical, but I must say that I do not personally find it to be very persuasive. Although it makes complete sense in the risks involved in the wager and that it is over all more beneficial to be faithful and bet on their being a god than it is to assume there is no god and be wrong, but rather the wager gives no other reason as to why one should believe in god other than the fact that if there is a god u gain more by believing and by disbelieving you loose much more than if there is no god and you believe or disbelieve. If there is no god there is not much lost or won in either case. Pascalââ¬â¢s Wager offers no more than this as to why one should believe in god. It seems very similar to the mother who tells her children that they must behave otherwise Santa will not deliver toys and games on Christmas Eve, but regardless of the childââ¬â¢s actions they (at least in most cases) get a visit from Santa on Christmas, who leaves many toys and presents. In a way Pascal is making the same exact threat, follow and believe in God and you will go to heaven, but if you donââ¬â¢t then you will pay dearly, granted there is a God. If there is not a God then nothing is truly lost from this practice. Just like if Santa exists, behave and Santa will visit leaving many goodies behind for the good girls and boys or misbehave and you will get coal in your stocking. If, on the other hand, it is only the parents of the child playing the role of Santa then generally regardless of how the child acts and behaves he or she will receive the toys. Leaving the entire thing as an empty threat, which in many cases is how Pascalââ¬â¢s Wager is viewed. Also it seems that one cannot just change their whole entire point of view and beliefs just because they have come to the conclusion that ââ¬Å"oh wait what if there really is a God. I better start believing now or else I could really ruin things after I die.â⬠It just doesnï ¿ ½...
Thursday, February 20, 2020
Internatinal aria studies(survey of world history) Essay
Internatinal aria studies(survey of world history) - Essay Example We will discuss the political development in China after 1600 and in Japan after 1600. Africa was the first haven for our apelike ancestors, since then humans have spread far and wide conquering almost every part of land thatââ¬â¢s habitable. The reason for the survival of human beings has been their capability to adapt to the changes. As has been explained by John McNeill and William McNeill, ââ¬Å"protohumans were unusually versatileâ⬠. Besides, the savannas, the first habitat of human, provided an opportunity for human survival. Savannas are dry and grassy plains with drought resistant trees which provided secure sleeping places and the alternating rainy seasons provided for the source of water. As humans spread out from their basic haven to different places about a million year ago, they started adapting to the various conditions they faced. The basic factors that led to the growth and adaptability was their ability to communicate which was the main reason for our ability to form networks and hence to get organized. Their ability to communicate in abstraction and to store memories and pass on technology allowed humans to survive. Also, the fact that our cranial capacity grew steadily meant we became more intelligent and hence the many discoveries that we made in the meantime about fire and the ability to use tools ensured our survival. Agriculture was another important tool that ensured continuous source of energy for humans. As the humans continued to survive by developing various means, they also developed binding with people in their own groups and with other people in other groups. The earliest form of interaction included the hunter-gatherer societies. The human menstrual cycle changed which allowed humans to produce more offspring. However, this also meant that females had lesser contribution in the production of food, further with the onset of agriculture and domestication, the condition only grew worse. The various bands
Tuesday, February 4, 2020
Principles of tax income law Essay Example | Topics and Well Written Essays - 2750 words
Principles of tax income law - Essay Example In Johnââ¬â¢s case, he is an employee of a real estate agent but he is carrying out personalised investment activities. This can be seen with the purchase of the motel in order to sell it out as a kindergarten later. A purchase of this kind can be considered as an investment carried out with the intention to make a profit. In terms of the bigger picture, Johnââ¬â¢s investment activity can be considered as a business activity in ordinary usage since he invests money in order to derive a profit. Receipts or profits created through business activities are treated as ordinary income for most circumstances3 4. In cases where there may be payment complications or where receipts cannot be created from proceeds of business, income may not be seen as ordinary5. However, in Johnââ¬â¢s case, if the real estate sold out it would have produced a simple income receipt that would have been considered as ordinary income. The onset of the flood and the clearing up of the land can further be considered as business activities on Johnââ¬â¢s part in order to add value to his property. The assessment that Johnââ¬â¢s land carried underground hot water reservoirs merely added even more value to his land. John is now being offered money based on the value addition on the motel site he purchased. The value addition activities of John can be seen as business activities analogous to any other value addition properties carried out by any other business. As long as there is ââ¬Å"sufficient connectionâ⬠between Johnââ¬â¢s income derived from the sale of land and value addition on the land, Johnââ¬â¢s income will be categorised as ordinary income according to FCT v Consolidated Press Holdings Ltd (No 2)6 7. A scrutiny of Johnââ¬â¢s circumstances reveals that he purchased land with a view to make profit and his final transaction with Green Energy results in profit. Such income is considered ordinary income for taxation purposes. Problem Question 1B The capital ga ins tax (CGT) applies to any forms of capital gains made when an asset is disposed off except for certain exemptions. Most exemptions related to CGT in Australia are based on items of personal use as well as exemptions to promote certain business activities. Moreover, the CGT enforced in Australia provides for rollovers under certain circumstances. The contention behind CGT is to tax income that falls within the capital gain category so that it cannot be drained off for other purposes. Assessments for CGT rely on considering any net gains as part of the taxable income structure for a single tax year8. The net gains may result from the sale of owned assets or from any other forms of disposal of assets. Any form of assets held by an individual for a period of one year or more are given a fifty percent discount when considering the CGT on disposal9. CGT was introduced to Australia in 1985 and any assets held by a person before this are exempt from CGT. Assets acquired by a person in or after 1985 are considered alone in CGT deductions10. In the case of Kimberly, her assets were mostly formed well after 1985 so CGT applies to most of her assets except those that are exempt under current CGT laws. In addition to this observation, it is noteworthy that up to 1999, CGT applied after an assessment of the consumer price index (CPI). Under this scheme, changes in the price of an asset due to consumption
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